Summary

A Circuit Court action against Ulster Bank was recently dismissed on the basis that the Plaintiff did not establish any loss arising from a data breach.

Facts

The Plaintiff was a customer whose bank statements were sent in error to his ex-wife over a period of seven months. The Plaintiff issued proceedings against the Bank seeking damages arising from this data breach, specifically damages for stress arising from an alleged breakdown in his relationship with his ex-wife and their children. The claim for damages was made pursuant to the Data Protection Acts 1988 to 2003. It was submitted on behalf of the Bank that the entitlement to compensation for a breach of the Data Protection Acts is predicated on a claimant establishing that they have suffered actual loss and damage. There is no entitlement to damages for distress and upset. 

Decision

Under cross-examination, the Plaintiff was unable to point to any specified financial loss which he suffered. While it was the case t

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